Full Text of SB1764 98th General Assembly
SB1764 98TH GENERAL ASSEMBLY |
| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014 SB1764 Introduced 2/15/2013, by Sen. Dan Kotowski SYNOPSIS AS INTRODUCED: |
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625 ILCS 5/6-303 | from Ch. 95 1/2, par. 6-303 |
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Amends the Illinois Vehicle Code. Amends the offense for driving on a suspended or revoked license so that graduated penalties for repeat violations of this Section require the prior convictions of driving on a suspended or revoked driver's license to have the same underlying cause of suspension or revocation of the driver's license as the current violation.
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| | A BILL FOR |
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| 1 | | AN ACT concerning transportation.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Vehicle Code is amended by changing | 5 | | Section 6-303 as follows:
| 6 | | (625 ILCS 5/6-303) (from Ch. 95 1/2, par. 6-303)
| 7 | | Sec. 6-303. Driving while driver's license, permit or | 8 | | privilege to
operate a motor vehicle is suspended or revoked.
| 9 | | (a) Except as otherwise provided in subsection (a-5), any | 10 | | person who drives or is in actual physical control of a motor
| 11 | | vehicle on any highway of this State at a time when such | 12 | | person's driver's
license, permit or privilege to do so or the | 13 | | privilege to obtain a driver's
license or permit is revoked or | 14 | | suspended as provided by this Code or the law
of another state, | 15 | | except as may be specifically allowed by a judicial driving
| 16 | | permit issued prior to January 1, 2009, monitoring device | 17 | | driving permit, family financial responsibility driving | 18 | | permit, probationary
license to drive, or a restricted driving | 19 | | permit issued pursuant to this Code
or under the law of another | 20 | | state, shall be guilty of a Class A misdemeanor.
| 21 | | (a-5) Any person who violates this Section as provided in | 22 | | subsection (a) while his or her driver's license, permit or | 23 | | privilege is revoked because of a violation of Section 9-3 of |
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| 1 | | the Criminal Code of 1961 or the Criminal Code of 2012 , | 2 | | relating to the offense of reckless homicide or a similar | 3 | | provision of a law of another state, is guilty of a Class 4 | 4 | | felony. The person shall be required to undergo a professional | 5 | | evaluation, as provided in Section 11-501 of this Code, to | 6 | | determine if an alcohol, drug, or intoxicating compound problem | 7 | | exists and the extent of the problem, and to undergo the | 8 | | imposition of treatment as appropriate.
| 9 | | (b) (Blank). | 10 | | (b-1) Upon receiving a report of the conviction of any | 11 | | violation indicating a person was operating a motor vehicle | 12 | | during the time when the person's driver's license, permit or | 13 | | privilege was suspended by the Secretary of State or the | 14 | | driver's licensing administrator of another state, except as | 15 | | specifically allowed by a probationary license, judicial | 16 | | driving permit, restricted driving permit or monitoring device | 17 | | driving permit the Secretary shall extend the suspension for | 18 | | the same period of time as the originally imposed suspension | 19 | | unless the suspension has already expired, in which case the | 20 | | Secretary shall be authorized to suspend the person's driving | 21 | | privileges for the same period of time as the originally | 22 | | imposed suspension. | 23 | | (b-2) Except as provided in subsection (b-6), upon | 24 | | receiving a report of the conviction of any violation | 25 | | indicating a person was operating a motor vehicle when the | 26 | | person's driver's license, permit or privilege was revoked by |
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| 1 | | the Secretary of State or the driver's license administrator of | 2 | | any other state, except as specifically allowed by a restricted | 3 | | driving permit issued pursuant to this Code or the law of | 4 | | another state, the Secretary shall not issue a driver's license | 5 | | for an additional period of one year from the date of such | 6 | | conviction indicating such person was operating a vehicle | 7 | | during such period of revocation. | 8 | | (b-3) (Blank).
| 9 | | (b-4) When the Secretary of State receives a report of a | 10 | | conviction of any violation indicating a person was operating a | 11 | | motor vehicle that was not equipped with an ignition interlock | 12 | | device during a time when the person was prohibited from | 13 | | operating a motor vehicle not equipped with such a device, the | 14 | | Secretary shall not issue a driver's license to that person for | 15 | | an additional period of one year from the date of the | 16 | | conviction.
| 17 | | (b-5) Any person convicted of violating this Section shall | 18 | | serve a minimum
term of imprisonment of 30 consecutive days or | 19 | | 300
hours of community service
when the person's driving | 20 | | privilege was revoked or suspended as a result of a violation | 21 | | of Section 9-3 of the Criminal Code of 1961 or the Criminal | 22 | | Code of 2012 , as amended,
relating to the offense of reckless | 23 | | homicide, or a similar provision of a law of another state.
| 24 | | (b-6) Upon receiving a report of a first conviction of | 25 | | operating a motor vehicle while the person's driver's license, | 26 | | permit or privilege was revoked where the revocation was for a |
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| 1 | | violation of Section 9-3 of the Criminal Code of 1961 or the | 2 | | Criminal Code of 2012 relating to the offense of reckless | 3 | | homicide or a similar out-of-state offense, the Secretary shall | 4 | | not issue a driver's license for an additional period of three | 5 | | years from the date of such conviction. | 6 | | (c) Except as provided in subsections (c-3) and (c-4), any | 7 | | person convicted of violating this Section shall serve a | 8 | | minimum
term of imprisonment of 10 consecutive days or 30
days | 9 | | of community service
when the person's driving privilege was | 10 | | revoked or suspended as a result of:
| 11 | | (1) a violation of Section 11-501 of this Code or a | 12 | | similar provision
of a local ordinance relating to the | 13 | | offense of operating or being in physical
control of a | 14 | | vehicle while under the influence of alcohol, any other | 15 | | drug
or any combination thereof; or
| 16 | | (2) a violation of paragraph (b) of Section 11-401 of | 17 | | this Code or a
similar provision of a local ordinance | 18 | | relating to the offense of leaving the
scene of a motor | 19 | | vehicle accident involving personal injury or death; or
| 20 | | (3)
a statutory summary suspension or revocation under | 21 | | Section 11-501.1 of this
Code.
| 22 | | Such sentence of imprisonment or community service shall | 23 | | not be subject
to suspension in order to reduce such sentence.
| 24 | | (c-1) Except as provided in subsections (c-5) and (d), any | 25 | | person convicted of a
second violation of this Section shall be | 26 | | ordered by the court to serve a
minimum
of 100 hours of |
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| 1 | | community service.
| 2 | | (c-2) In addition to other penalties imposed under this | 3 | | Section, the
court may impose on any person convicted a fourth | 4 | | time of violating this
Section any of
the following:
| 5 | | (1) Seizure of the license plates of the person's | 6 | | vehicle.
| 7 | | (2) Immobilization of the person's vehicle for a period | 8 | | of time
to be determined by the court.
| 9 | | (c-3) Any person convicted of a violation of this Section | 10 | | during a period of summary suspension imposed pursuant to | 11 | | Section 11-501.1 when the person was eligible for a MDDP shall | 12 | | be guilty of a Class 4 felony and shall serve a minimum term of | 13 | | imprisonment of 30 days. | 14 | | (c-4) Any person who has been issued a MDDP and who is | 15 | | convicted of a violation of this Section as a result of | 16 | | operating or being in actual physical control of a motor | 17 | | vehicle not equipped with an ignition interlock device at the | 18 | | time of the offense shall be guilty of a Class 4 felony and | 19 | | shall serve a minimum term of imprisonment of 30 days.
| 20 | | (c-5) Any person convicted of a second violation of this
| 21 | | Section is guilty of a Class 2 felony, is not eligible for | 22 | | probation or conditional discharge, and shall serve a mandatory | 23 | | term of
imprisonment, if : | 24 | | (1) the current violation occurred when the person's | 25 | | driver's license was suspended or revoked the
revocation or
| 26 | | suspension was for a violation of Section 9-3 of the |
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| 1 | | Criminal Code of 1961 or the Criminal Code of 2012 , | 2 | | relating
to the offense of reckless homicide, or a similar | 3 | | out-of-state offense ; and | 4 | | (2) the prior conviction under this Section occurred | 5 | | while the person's driver's license was suspended or | 6 | | revoked for a violation of Section 9-3 of the Criminal Code | 7 | | of 1961 or the Criminal Code of 2012 relating to the | 8 | | offense of reckless homicide, or a similar out-of-state | 9 | | offense .
| 10 | | (d) Any person convicted of a second violation of this
| 11 | | Section shall be guilty of a Class 4 felony and shall serve a | 12 | | minimum term of
imprisonment of 30 days or 300 hours of | 13 | | community service, as determined by the
court, if : | 14 | | (1) the current violation occurred when the person's | 15 | | driver's license was suspended or revoked the original
| 16 | | revocation or
suspension was for a violation of Section | 17 | | 11-401 or 11-501 of this Code,
or a similar out-of-state | 18 | | offense, or a similar provision of a local
ordinance, or a
| 19 | | statutory summary suspension or revocation under Section | 20 | | 11-501.1 of this Code ; and | 21 | | (2) the prior conviction under this Section occurred | 22 | | while the person's driver's license was suspended or | 23 | | revoked for a violation of Section 11-401 or 11-501 of this | 24 | | Code, a similar out-of-state offense, a similar provision | 25 | | of a local ordinance, or a statutory summary suspension or | 26 | | revocation under Section 11-501.1 of this Code .
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| 1 | | (d-1) Except as provided in subsections (d-2), (d-2.5), and | 2 | | (d-3), any
person convicted of
a third or subsequent violation | 3 | | of this Section shall serve a minimum term of
imprisonment of | 4 | | 30 days or 300 hours of community service, as determined by the
| 5 | | court.
| 6 | | (d-2) Any person convicted of a third violation of this
| 7 | | Section is guilty of a Class 4 felony and must serve a minimum | 8 | | term of
imprisonment of 30 days , if : | 9 | | (1) the current violation occurred when the person's | 10 | | driver's license was suspended or revoked the revocation or
| 11 | | suspension was for a violation of Section 11-401 or 11-501 | 12 | | of this Code,
or a similar out-of-state offense, or a | 13 | | similar provision of a local
ordinance, or a
statutory | 14 | | summary suspension or revocation under Section 11-501.1 of | 15 | | this Code ; and | 16 | | (2) the prior convictions under this Section occurred | 17 | | while the person's driver's license was suspended or | 18 | | revoked for a violation of Section 11-401 or 11-501 of this | 19 | | Code, a similar out-of-state offense, a similar provision | 20 | | of a local ordinance, or a statutory summary suspension or | 21 | | revocation under Section 11-501.1 of this Code .
| 22 | | (d-2.5) Any person convicted of a third violation of this
| 23 | | Section is guilty of a Class 1 felony, is not eligible for | 24 | | probation or conditional discharge, and must serve a mandatory | 25 | | term of
imprisonment , if : | 26 | | (1) the current violation occurred while the person's |
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| 1 | | driver's license was suspended or revoked the revocation or
| 2 | | suspension was for a violation of Section 9-3 of the | 3 | | Criminal Code of 1961 or the Criminal Code of 2012 , | 4 | | relating to the offense of reckless homicide, or a similar | 5 | | out-of-state offense ; and | 6 | | (2) the prior convictions under this Section occurred | 7 | | while the person's driver's license was suspended or | 8 | | revoked for a violation of Section 9-3 of the Criminal Code | 9 | | of 1961 or the Criminal Code of 2012, relating to the | 10 | | offense of reckless homicide, or a similar out-of-state | 11 | | offense .
| 12 | | The person's driving privileges shall be revoked for the | 13 | | remainder of the person's life. | 14 | | (d-3) Any person convicted of a fourth, fifth, sixth, | 15 | | seventh, eighth, or ninth violation of this
Section is guilty | 16 | | of a Class 4 felony and must serve a minimum term of
| 17 | | imprisonment of 180 days , if : | 18 | | (1) the current violation occurred when the person's | 19 | | driver's license was suspended or revoked the revocation or | 20 | | suspension was for a
violation of Section 11-401 or 11-501 | 21 | | of this Code, or a similar out-of-state
offense, or a | 22 | | similar provision of a local ordinance, or a statutory
| 23 | | summary suspension or revocation under Section 11-501.1 of | 24 | | this Code ; and | 25 | | (2) the prior convictions under this Section occurred | 26 | | while the person's driver's license was suspended or |
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| 1 | | revoked for a violation of Section 11-401 or 11-501 of this | 2 | | Code, a similar out-of-state offense, a similar provision | 3 | | of a local ordinance, or a statutory summary suspension or | 4 | | revocation under Section 11-501.1 of this Code .
| 5 | | (d-3.5) Any person convicted of a fourth or subsequent | 6 | | violation of this
Section is guilty of a Class 1 felony, is not | 7 | | eligible for probation or conditional discharge, and must serve | 8 | | a mandatory term of
imprisonment, and is eligible for an | 9 | | extended term, if : | 10 | | (1) the current violation occurred while the person's | 11 | | driver's license was suspended or revoked the revocation or | 12 | | suspension was for a
violation of Section 9-3 of the | 13 | | Criminal Code of 1961 or the Criminal Code of 2012 , | 14 | | relating to the offense of reckless homicide, or a similar | 15 | | out-of-state offense ; and | 16 | | (2) the prior convictions under this Section occurred | 17 | | while the person's driver's license was suspended or | 18 | | revoked for a violation of Section 9-3 of the Criminal Code | 19 | | of 1961 or the Criminal Code of 2012, relating to the | 20 | | offense of reckless homicide, or a similar out-of-state | 21 | | offense .
| 22 | | (d-4) Any person convicted of a tenth, eleventh, twelfth, | 23 | | thirteenth, or fourteenth violation of this Section is guilty | 24 | | of a Class 3 felony, and is not eligible for probation or | 25 | | conditional discharge, if : | 26 | | (1) the current violation occurred when the person's |
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| 1 | | driver's license was suspended or revoked the revocation or | 2 | | suspension was for a violation of Section 11-401 or 11-501 | 3 | | of this Code, or a similar out-of-state offense, or a | 4 | | similar provision of a local ordinance, or a statutory | 5 | | summary suspension or revocation under Section 11-501.1 of | 6 | | this Code ; and | 7 | | (2) the prior convictions under this Section occurred | 8 | | while the person's driver's license license was suspended | 9 | | or revoked for a violation of Section 11-401 or 11-501 of | 10 | | this Code, a similar out-of-state offense, a similar | 11 | | provision of a local ordinance, or a statutory suspension | 12 | | or revocation under Section 11-501.1 of this Code . | 13 | | (d-5) Any person convicted of a fifteenth or subsequent | 14 | | violation of this Section is guilty of a Class 2 felony, and is | 15 | | not eligible for probation or conditional discharge, if : | 16 | | (1) the current violation occurred when the person's | 17 | | driver's license was suspended or revoked the revocation or | 18 | | suspension was for a violation of Section 11-401 or 11-501 | 19 | | of this Code, or a similar out-of-state offense, or a | 20 | | similar provision of a local ordinance, or a statutory | 21 | | summary suspension or revocation under Section 11-501.1 of | 22 | | this Code ; and | 23 | | (2) the prior convictions under this Section occurred | 24 | | while the person's driver's license was suspended or | 25 | | revoked for a violation of Section 11-401 or 11-501 of this | 26 | | Code, a similar out-of-state offense, a similar provision |
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| 1 | | of a local ordinance, or a statutory summary suspension or | 2 | | revocation under Section 11-501.1 of this Code .
| 3 | | (e) Any person in violation of this Section who is also in | 4 | | violation of
Section 7-601 of this Code relating to mandatory | 5 | | insurance requirements, in
addition to other penalties imposed | 6 | | under this Section, shall have his or her
motor vehicle | 7 | | immediately impounded by the arresting law enforcement | 8 | | officer.
The motor vehicle may be released to any licensed | 9 | | driver upon a showing of
proof of insurance for the vehicle | 10 | | that was impounded and the notarized written
consent for the | 11 | | release by the vehicle owner.
| 12 | | (f) For any prosecution under this Section, a certified | 13 | | copy of the
driving abstract of the defendant shall be admitted | 14 | | as proof of any prior
conviction.
| 15 | | (g) The motor vehicle used in a violation of this Section | 16 | | is subject
to seizure and forfeiture as provided in Sections | 17 | | 36-1 and 36-2 of the
Criminal Code of 2012 1961 if the person's | 18 | | driving privilege was revoked
or suspended as a result of: | 19 | | (1) a violation of Section 11-501 of this Code, a | 20 | | similar provision
of a local ordinance, or a similar | 21 | | provision of a law of another state; | 22 | | (2) a violation of paragraph (b) of Section 11-401 of | 23 | | this Code, a
similar provision of a local ordinance, or a | 24 | | similar provision of a law of another state; | 25 | | (3) a statutory summary suspension or revocation under | 26 | | Section 11-501.1 of this
Code or a similar provision of a |
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| 1 | | law of another state; or | 2 | | (4) a violation of Section 9-3 of the Criminal Code of | 3 | | 1961 or the Criminal Code of 2012 relating to the offense | 4 | | of reckless homicide, or a similar provision of a law of | 5 | | another state.
| 6 | | (Source: P.A. 96-502, eff. 1-1-10; 96-607, eff. 8-24-09; | 7 | | 96-1000, eff. 7-2-10; 96-1344, eff. 7-1-11; 97-984, eff. | 8 | | 1-1-13.)
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